What is the way out!!!!!!!!

Querist : Anonymous (Querist) 16 August 2010 This query is : Resolved
Dear All,

In a pending proceeding of Section 138 Negotiable Instruments Act complaint before Metropolitan Magistrate the matter is slated for publication of notice for declaring the accused as Proclaimed offender as he despite issuance of process has not participated in the proceeding.

My query to you all is what is the way out whether the accused has to move the same court with Anticipatory Bail application or the District Judge.

Alternatively can he approach the High Court in Section 482 Cr P C jurisdiction pleading against the quashing of the NBW? The matter pertains to Haryana (if the High Court Rules are of any use kindly suffice).

Show me the path forward!

Thanking you in advance

Best Regards

ANONYMOUS

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s.subramanian (Expert) 16 August 2010
you can approach the same court under Sec.70(2) Cr.P.C. to recall the NBW.

R.Ranganathan (Expert) 16 August 2010
yes. First you have to recall the NBW. If you approach the High Court, then the said High Court will direct you to appear in the lower court and then take appropriate proceedings there. So it will be a waste to approach the High Court.

kavita jain (Expert) 16 August 2010
In my opinion it would be better to approach the District Judge and move the application there.

DEFENSE ADVOCATE.-firmaction@g (Expert) 22 August 2010
It is a simple routine matter , typists do it.

Just an application in the lower court for cancellation of NBW citing any reasonable cause. Mostly it is submitted that the accused had no knowledge of issue of process. Court normally fines and NBW is cancelled.

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